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ALHAJI LAWAN BUKAR V. KAKA ALI & ORS

(1997) JELR 45381 (CA)

Court of Appeal  •  CA/J/69/94  •  26 May 1997  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; DENNIS ONYEJIFE EDOZIE JCA; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA;

Judgement

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The appellant was the plaintiff at the Monguno High Court of Borno State where he brought a suit against the respondents (as defendants) claiming the following reliefs:

"(a) A declaration that the purported appointment and installation of the first defendant as the Lawan of Yawa Kura on or about the 6th September, 1990 by the 2nd and 3rd defendant(s) was done in violation of the plaintiff's right to fair hearing under Section 33(1) of the 1979 Constitution as amended and is therefore null and void and of no effect whatsoever.

ALTERNATIVELY

(b) A declaration that the purported appointment and installation of the first defendant as the Lawan of Yawa Kura on or about the 6th of September, 1990 by the second and third defendants (sic) irregular; contrary to both statute as well as the Native law and custom of the people of Yawa Kura and therefore null and void.

(c) An order setting aside the purported appointment of the first defendant a…

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